Call Now. Free Consultation. Serving All Of Texas.
THE TWC IS BAD NEWS FOR EMPLOYERS
As the head of the Moster Law Firm and former government attorney going back to the Reagan Administration, I have a right to my opinion about the TWC – Texas Workforce Commission, and it isn’t good. The TWC was created to zealously protect employees’ rights, however, it is entirely biased in its review and application of the law. In my many years of representing businesses before the TWC, it is invariably a horrible experience for business owners small and large.
HOW THE TWC CAN HURT YOUR BUSINESS
Of course, injuring your business is not the intent of the TWC, but that’s what happens. It starts typically with a disgruntled 1099 worker who claims that he/she should have been classified as an employee and entitled to benefits. Once the claim is filed, the TWC will assign an investigator and demand copies of your business records, bank accounts, profit and loss statements, you name it. They are attempting to find evidence to support a determination that the worker was misclassified as an independent contractor and not properly an employee. The TWC will then set up a phone hearing with the business owner to make a fact finding as to whether the worker should be classified as an employee or independent contractor.
WHAT FACTORS DOES THE TWC LOOK AT?
There are numerous factors considered by the TWC in deciding whether the worker is an employee or independent contractor. The key element is all about control and whether the business owner has set daily work hours, has a training program, and controls the day-to-day activities of the worker. Even if the worker agreed to a 1099 designation or signed a contract saying he/she is an independent contractor, the TWC can ignore all of that!
WHAT HAPPENS WHEN THINGS GO BAD?
They can get a lot worse. The TWC will conduct an audit and look for other misclassifications of workers. They will ask for more records. They can then back charge you for workers the TWC asserts should have been classified as employees all along. Then they will report it all to the IRS!
WHAT CAN YOU DO?
You need to find an experienced TWC attorney ASAP and preferably right after you get the first communication from the TWC. The Moster Law Firm will assess your situation immediately and take over communications with the TWC before they issue their first ruling. Critically, we will be there to represent you at the first hearing, which you should never do alone!
Call Now. Free Consultation. Serving All Of Texas.
WHAT HAPPENS IF THE TWC ALREADY RULES AGAINST ME?
You have a right to appeal but need to advice of an experienced TWC attorney right away. The Moster Law Firm will guide you through the process?
DO I HAVE A CASE TO DEFEND AGAINST THE TWC?
The Firm offers potential clients a free consultation where we will meet with you, review any documents received from the TWC, and assess your case.
Call Now. Free Consultation. Serving All Of Texas.
